당선자지위확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 11, 2015, the Defendant held an extraordinary general meeting of 18:00 and held an election of chief director (hereinafter “instant election”), and the Plaintiff and C were candidates for chief director.
B. In the opinion opinion that was conducted immediately before the voting of the instant election, the Plaintiff stated, “I will use 50 million won of the annual salary and 50 million won for several delegates per year if the election is held.” “I will use 50% of the annual salary and 50,000 won for several delegates for one year. I will use 50,000 won for one trust and 10,000 won for the annual salary. I will use hereinafter “the instant speech”)” (hereinafter “I will use 50,000 won for the representative, 131 (1, 130 representative and 130 representative) of the registered electors at the instant election, which was held thereafter, as a result of the voting by the Plaintiff and C’s 60 voting votes (1 voting votes), and the Defendant’s chairman of the election commission was elected as the Plaintiff.
C. On December 14, 2015, C filed an objection on the grounds that the Defendant’s instant remarks to the election commission violate the Community Credit Cooperatives Act, the Defendant’s articles of association, and the Defendant’s election regulations, and the Defendant’s election commission decided to invalidate the Plaintiff’s election with the consent of five election management members pursuant to Article 38(4) of the Executive Election Regulations on December 16, 2015.
The main contents of the Community Credit Cooperatives Act, the defendant's articles of association and the executive election regulations are as follows:
[2] Article 22 (Restriction on Election Campaign for Executives) (2) No person shall engage in any of the following acts with intent to have him/herself or a specific person elected as an executive of a credit cooperative or not to be elected:
1. Money, goods and entertainment for a member or his/her family (referring to the spouse of a member, lineal ascendants and descendants, brothers and sisters of a member or his/her spouse, and spouses of lineal ascendants and descendants, brothers and sisters of a member; hereinafter the same shall apply)